This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
If you are falling behind on bills, struggling with credit card debt, or worried about losing your home or car, filing for bankruptcy under Chapter 13 may help you take back control. This option allows you to pay back what you can afford over time without losing everything you own. It’s designed for people who still have regular income but are facing overwhelming debt from things like medical bills, car loans, or personal loans.
Fleysher Law Bankruptcy & Debt Attorneys helps Florida residents use Chapter 13 to regain peace of mind and protect their future. Our team of bankruptcy lawyers works directly with you to create a plan that fits your budget and stops collection actions.
We know the bankruptcy process inside and out, and we’re here to guide you every step of the way. If you need a real solution — not just temporary relief — we can help you move toward a debt free life.
Chapter 13 is a form of bankruptcy relief created under the bankruptcy code that allows individuals to repay some or all of their debt over time, usually over three to five years, through a court-approved plan. It's often referred to as a wage earner's bankruptcy because it is designed for people who still earn income but can’t afford to pay off all their debt at once.
Instead of liquidating assets, as required in Chapter 7, you get to keep your property while catching up on missed mortgage payments, car loans, and other obligations under a structured payment plan.
The process starts with a bankruptcy filing, followed by the creation of a plan that outlines how you will repay your secured debts and unsecured debts, including credit card debt and medical bills. The plan is reviewed by a bankruptcy trustee and must be approved by the court. This gives you legal protection from lawsuits, repossessions, and harassing debt collectors while you work toward financial freedom.
The biggest difference between Chapter 13 and Chapter 7 lies in what happens to your property and how your debts are handled. With Chapter 7, you may lose non-exempt assets to pay back unsecured creditors. In Chapter 13, you keep your property and pay off debts through a repayment plan that fits your income. Chapter 7 is quicker but may result in asset loss, while Chapter 13 takes longer but gives you time and flexibility.
Chapter 13 is often better for people with steady income, especially those behind on mortgage payments or car loans. It also offers more protection if you're facing foreclosure or repossession. If your income is too high to pass the means test for Chapter 7, then Chapter 13 may be your best path toward debt relief and long-term financial security.
To file for Chapter 13 in Florida, you must have a regular income and meet the bankruptcy code debt limits. Your total unsecured debt, including credit card debt and medical bills, must be below a certain threshold, and your secured debts, like car loans or mortgages, must also fall within limits. You must also be current on your tax filings and complete a court-approved credit counseling course before submitting your bankruptcy petition.
If you meet these rules, the court will allow you to propose a repayment plan. Your payment amount will be based on your income, expenses, and debts. Filing for Chapter 13 can help individuals, married couples, and even small business owners with business debt, as long as they qualify. A Florida bankruptcy attorney can evaluate your eligibility and help you build a plan that complies with both federal law and Florida law.
Chapter 13 allows you to repay all or part of your debt through a plan that lasts three to five years. This plan includes regular monthly payments to a court-appointed bankruptcy trustee, who then distributes the money to your secured and unsecured creditors. Your payment is based on your income and expenses, and the court will review it to ensure it's fair and reasonable.
This structure helps you catch up on missed payments, stop interest on certain debts, and avoid losing your home or car. If you complete the plan successfully, any remaining eligible unsecured debts may be wiped out, giving you a chance to move forward with fewer obligations and more financial freedom.
The bankruptcy trustee oversees your Chapter 13 case from start to finish. Their job is to review your financial documents, ensure your bankruptcy filing is complete, and make sure your proposed repayment plan meets the requirements of the law. Once your plan is approved, the trustee collects your payments and distributes them to your creditors based on the terms of your case.
The trustee also communicates with the court and may raise concerns if there are errors or missing documentation. Having a seasoned bankruptcy attorney helps you avoid problems and stay in compliance with the trustee’s requirements.
When you file Chapter 13, you get to keep your property, including your home, car, and personal items. Instead of selling these assets, you make structured payments through the plan. Secured debts like mortgage payments and car loans can be paid over time, while unsecured debts may be reduced or even eliminated at the end of the case.
You’ll also get protection from debt collectors and lawsuits once your bankruptcy case is filed. The plan helps you reorganize debts, stop interest from growing, and avoid relying on debt consolidation loans or other temporary fixes.
Chapter 13 can stop a foreclosure immediately. It gives you time to catch up on missed mortgage payments and keep your home. Once your bankruptcy petition is filed, the foreclosure process stops, and your lender must follow the court-approved repayment plan instead.
Unlike Chapter 7, which may involve selling assets, Chapter 13 allows you to keep everything you own if you follow your plan. You can continue making payments on your home, car loan, and other secured debts, helping you keep what matters most.
Your debts are combined into one manageable monthly payment. In some cases, your unsecured debts are reduced or eliminated entirely after the plan. This is a powerful form of debt relief, giving you one clear path forward without juggling multiple bills or loans.
Once you file, an automatic stay goes into effect. This stops creditors from calling, sending letters, garnishing wages, or filing lawsuits. It also gives you peace of mind and time to rebuild without pressure. Chapter 13 can give you the financial relief you need to breathe again.
An attorney helps you build a plan that works for your situation. Every case is different, and your debt problems require a strategy based on your income, debts, and goals. A skilled bankruptcy lawyer helps create a custom plan that meets court approval.
Filing without help can lead to mistakes. An attorney ensures that your case follows Florida law and federal bankruptcy law. This includes correct paperwork, timelines, and legal standards that must be followed exactly to avoid delays or dismissal.
Your lawyer will review all your assets and help you keep what matters most. They use available exemptions and planning strategies to protect your property during the case. The goal is to help you move toward financial security, not lose what you’ve worked for.
From submitting forms to attending hearings, your bankruptcy lawyer handles all contact with the court and the bankruptcy trustee. This reduces stress, avoids errors, and makes the bankruptcy process much smoother. You’ll have a trusted advisor managing the details so you can focus on your future.
Most firms offer a free consultation where you can ask questions and explain your situation. This helps you understand whether Chapter 13 is right for you and what the process involves before making any decisions.
Your attorney will review your income, assets, and total unsecured debt to make sure you qualify and build the right plan. They’ll also explain your rights, responsibilities, and what the court expects from you during your bankruptcy case.
A strong repayment plan is the key to success. Your lawyer will draft this based on your income and allowable expenses, ensuring it meets court rules. Once ready, the plan is filed and submitted for approval.
You won’t have to face the court alone. Your attorney will appear with you at all hearings, answer questions from the trustee, and handle any objections. Their experience makes the difference between approval and delays.
Choose a lawyer who understands the local court procedures and trustee expectations. This helps avoid delays and makes the process more predictable. Local experience matters in every bankruptcy proceeding.
Look for a law firm that offers upfront pricing and answers your questions clearly. You deserve to know what to expect and how much it will cost. A trustworthy bankruptcy law office won’t leave you in the dark.
Ask about past results. A reputable bankruptcy law firm will have a track record of helping people save their homes, reduce debt, and complete their plans. Success stories show that your attorney knows how to get results.
1. Is Fleysher Law Considered a Debt Relief Agency?
Yes. Under federal law, Fleysher Law Bankruptcy & Debt Attorneys is recognized as a debt relief agency because we help people get debt relief by assisting with filing for bankruptcy under the bankruptcy code. We provide honest, legal help to individuals facing financial distress.
2. Will Bankruptcy Hurt My Credit Report Permanently?
Bankruptcy does appear on your credit report, but its impact fades over time. Many bankruptcy clients are able to rebuild credit within one to two years, especially if they complete their repayment plan and stay current on new accounts. It’s often a better choice than continuing to fall behind and letting debts spiral.
3. Do I Have to Complete a Financial Management Course?
Yes. Everyone filing for bankruptcy must complete a financial management course before the court grants a discharge. This course teaches basic budgeting and planning skills to help you build a stronger financial future after bankruptcy.
4. Will My Case Go to Federal Court?
Yes. All bankruptcy matters are handled in federal court, but your bankruptcy lawyer will represent you in all proceedings. You won’t be alone. Our experienced attorneys handle all communication and court appearances on your behalf, ensuring your case stays on track.
5. Can You Help With Foreclosure Defense and Other Financial Worries?
Absolutely. We not only handle bankruptcy but also offer foreclosure defense and other legal services related to financial hardship. Fleysher Law Bankruptcy & Debt Attorneys practices law with compassion, and our goal is always to protect your rights and give you peace of mind while you work toward a better financial path.
If you’re dealing with serious debt and looking for a way to protect your home, stop collections, and regain control, Chapter 13 may be the right choice. Fleysher Law Bankruptcy & Debt Attorneys guides you through every part of the bankruptcy process, from your first questions to your final court date. Our reliable team builds repayment plans that protect your income, your property, and your peace of mind.
We know how stressful debt can be, and we’re here to help you move toward a debt-free life. If you're unsure where to start or worried about what you could lose, talk to a trusted Florida bankruptcy attorney who understands both your rights and your concerns. Let us help you take the next step toward financial freedom.
Call today for a free consultation and get real answers from a team that cares about your future.
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How much does a lawyer charge for Chapter 13 in Florida?
In the Middle District of Florida, the standard attorney fee for Chapter 13 bankruptcy cases is typically $4,500. Although fees may range from $3,000 to $5,000, a majority of attorneys adhere to the presumptive fee.
How much will my monthly payment be for Chapter 13?
In order to determine the monthly payment in Chapter 13 bankruptcy proceedings, it is first necessary to calculate the total income received in the six months prior to the filing date. Following this, authorized expenses should be subtracted from the total income, resulting in the disposable income. This disposable income is then obligated to be used to pay off priority debts as well as any secured debts that the debtor wishes to maintain after bankruptcy.
How does Chapter 13 bankruptcy work in Florida?
Chapter 13 bankruptcy, also known as a wage earner's plan, provides a framework for individuals with regular income to develop a debt repayment plan, allowing for either full or partial discharge of debts. This process requires debtors to file a repayment plan that stipulates regular payments to creditors over a three- to five-year period.
What will I lose if I file Chapter 13?
Commencing Chapter 13 bankruptcy entails a notable disadvantage: the requirement of remitting considerable monthly payments. Said payments are calculated to be roughly equivalent to one's disposable income. Consequently, an individual's access to discretionary funds for non-essential expenditures will be severely constrained.
How many times can you file Chapter 13 in Florida?
Subsequent bankruptcy case eligibility is contingent upon prior filings. Specifically, a mandatory waiting period of two years is imposed following a Chapter 13 bankruptcy discharge before another Chapter 13 filing is permitted. Furthermore, a four-year waiting period is required before filing for Chapter 7 in such cases.
What if I can't afford a lawyer in Florida?
Should an individual encounter a civil legal matter and lack the financial resources to retain private counsel, complimentary or reduced-rate legal aid may be accessible via the local legal assistance organization, which caters to persons of restricted financial capacity, thereby guaranteeing their access to the judicial system.
Will I lose my house if I file Chapter 13 in Florida?
Chapter 7 bankruptcy doesn't affect current mortgages in good standing for residential real estate during insolvency. However, it offers no protection for delinquent mortgages. Chapter 13 provides more options for homeowners struggling with mortgage payments, such as loan modifications or debt repayment.
What is the income limit for filing Chapter 13 in Florida?
Chapter 13 bankruptcy is not subject to income limitations, although debt ceilings are applicable. It is advisable to secure the services of a Florida bankruptcy legal professional from Hoskins, Turco, Lloyd & Lloyd for the efficient administration of the bankruptcy process.
How long does it take to do a Chapter 13 bankruptcy?
Commencement of proposed payments is mandatory approximately one month after submission of the Chapter 13 plan. Although court approval of the plan is pending, these pre-confirmation hearing payments serve to satisfy the necessary 36- or 60-month case duration.
How much do lawyers take from settlement in Florida?
In Florida, contingency fees for legal professionals typically range from 33.33% to 40% of a settlement. A 33.33% fee usually applies to pre-litigation settlements, while a 40% fee is common if litigation commences.
How much does it cost to file Chapter 13 in Florida?
An official roster of authorized Credit Counseling Agencies can be located on the U.S. Trustee's website. The requisite filing fee for submitting a Chapter 13 bankruptcy petition is $313.
What happens after you file for bankruptcy in Florida?
Upon the filing of a bankruptcy petition by a debtor, an automatic stay is immediately enacted. Consequently, creditors are obligated to terminate all collection activities against the debtor, except where authorization to proceed is granted by the bankruptcy court. The automatic stay affords the debtor essential protection from creditor actions.
Are attorneys fees recoverable in Florida?
Florida law permits the recovery of attorney's fees, contingent upon specific circumstances. Such fees are not universally granted and are typically contingent upon a contractual provision or statutory authorization.
How much will my monthly payment be for Chapter 13?
To determine the monthly payment under Chapter 13 bankruptcy, one must initially aggregate income earned within the six months preceding the filing date. Subsequently, permitted expenses are deducted from this aggregate, yielding the disposable income. It is imperative to ensure the settlement of priority debts and any secured debts associated with assets the debtor intends to retain post-bankruptcy proceedings.
Can you pay off a Chapter 13 early in Florida?
Advance payment on a repayment plan is permissible solely through full remittance of the total outstanding balance to the creditors. This action will terminate the plan; however, it will concurrently preclude eligibility for debt discharge.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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